Congressional Record, Senate, S6378 (October 21, 2020)
Summary
This Senate page of the Congressional Record for October 21, 2020 lists additions of cosponsors to pending bills and resolutions and then prints later text. Murray was added as a cosponsor of a bill to direct the Occupational Safety and Health Administration to issue a standard to protect workers from heat-related injuries and illnesses. At the request of Cornyn, the Senator from Iowa (Ernst) was added as a cosponsor of a bill to establish a grant program for small live venue operators and talent representatives. At the request of Cruz, the Senator from Utah (Lee) was added as a cosponsor of a bill to create a point of order against legislation modifying the number of Justices of the Supreme Court. Later remarks discuss the Neighbors Not Enemies Act.
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“Congressional Record, Senate, S6378 (October 21, 2020).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-10-21-crec-2020-10-21-pt1-pgs6378-46e39ea573/
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S6378 CONGRESSIONAL RECORD — SENATE October 21, 2020
S. 4258 S. 4659 S. 4781
At the request of Mr. CORNYN, the At the request of Mr. MARKEY, the At the request of Mrs. MURRAY, her
name of the Senator from Iowa (Ms. name of the Senator from Delaware name was added as a cosponsor of S.
ERNST) was added as a cosponsor of S. (Mr. COONS) was added as a cosponsor 4781, a bill to direct the Occupational
4258, a bill to establish a grant program of S. 4659, a bill to require a determina- Safety and Health Administration to
for small live venue operators and tal- tion as to whether crimes committed issue an occupational safety and health
ent representatives. against the Rohingya in Burma standard to protect workers from heat-
S. 4462 amount to genocide. related injuries and illnesses.
S. 4714 S. 4805
At the request of Mr. WICKER, the
name of the Senator from Iowa (Ms. At the request of Mr. DURBIN, the At the request of Mr. CRUZ, the name
ERNST) was added as a cosponsor of S. name of the Senator from Pennsyl- of the Senator from Utah (Mr. LEE) was
4462, a bill to establish a national inte- vania (Mr. CASEY) was added as a co- added as a cosponsor of S. 4805, a bill to
grated flood information system within sponsor of S. 4714, a bill to preserve create a point of order against legisla-
the National Oceanic and Atmospheric health benefits for workers. tion modifying the number of Justices
S. 4720 of the Supreme Court of the United
Administration, and for other pur-
poses. At the request of Mrs. FISCHER, the States.
names of the Senator from Missouri S. 4818
S. 4524
(Mr. BLUNT), the Senator from Ten- At the request of Mr. CARDIN, the
At the request of Mr. CARPER, the nessee (Mrs. BLACKBURN), the Senator
name of the Senator from Connecticut name of the Senator from Virginia (Mr.
from Montana (Mr. DAINES), the Sen- WARNER) was added as a cosponsor of S.
(Mr. BLUMENTHAL) was added as a co- ator from Idaho (Mr. RISCH), the Sen-
sponsor of S. 4524, a bill to amend titles 4818, a bill to provide assistance to
ator from Mississippi (Mr. WICKER), the small businesses affected by COVID–19,
XIX and XXI of the Social Security Act Senator from Georgia (Mr. PERDUE),
to provide coverage of comprehensive and for other purposes.
the Senator from North Dakota (Mr.
tobacco cessation services under such S.J. RES. 14
CRAMER), the Senator from North Da-
titles, and for other purposes. kota (Mr. HOEVEN) and the Senator At the request of Mr. RUBIO, the
S. 4574 from Mississippi (Mrs. HYDE-SMITH) name of the Senator from Indiana (Mr.
At the request of Mr. YOUNG, the were added as cosponsors of S. 4720, a BRAUN) was added as a cosponsor of
names of the Senator from Tennessee bill to amend the Motor Carrier Safety S.J. Res. 14, a joint resolution pro-
(Mrs. BLACKBURN) and the Senator Improvement Act of 1999 to modify cer- posing an amendment to the Constitu-
from Mississippi (Mrs. HYDE-SMITH) tain agricultural exemptions for hours tion of the United States to require
were added as cosponsors of S. 4574, a of service requirements, and for other that the Supreme Court of the United
bill to establish a demonstration pro- purposes. States be composed of not more than 9
gram to provide integrated care for S. 4722
justices.
Medicare beneficiaries with end-stage S.J. RES. 76
At the request of Mrs. FISCHER, the
renal disease, and for other purposes. name of the Senator from Idaho (Mr. At the request of Mr. CRUZ, the name
S. 4594 CRAPO) was added as a cosponsor of S. of the Senator from Utah (Mr. LEE) was
At the request of Mr. TESTER, the 4722, a bill to amend title 49, United added as a cosponsor of S.J. Res. 76, a
names of the Senator from Arizona States Code, to establish a standard of joint resolution proposing an amend-
(Ms. SINEMA) and the Senator from care for the selection by certain enti- ment to the Constitution of the United
Delaware (Mr. COONS) were added as co- ties of motor carries. States to require that the Supreme
sponsors of S. 4594, a bill to amend title S. 4728 Court of the United States be composed
38, United States Code, to improve and At the request of Mr. COONS, the of nine justices.
name of the Senator from Illinois (Mr. S. RES. 709
to expand eligibility for dependency
and indemnity compensation paid to DURBIN) was added as a cosponsor of S. At the request of Mr. GRAHAM, the
certain survivors of certain veterans. 4728, a bill to impose sanctions with re- name of the Senator from Pennsyl-
S. 4633
spect to officials of the Government of vania (Mr. TOOMEY) was added as a co-
the Russian Federation complicit in sponsor of S. Res. 709, a resolution ex-
At the request of Mrs. SHAHEEN, the
the poisoning of its citizens for polit- pressing the sense of the Senate that
names of the Senator from New Hamp-
ical motives, and for other purposes. the August 13, 2020, and September 11,
shire (Ms. HASSAN), the Senator from
S. 4738 2020, announcements of the establish-
Maine (Mr. KING) and the Senator from
At the request of Mrs. MURRAY, the ment of full diplomatic relations be-
Wisconsin (Ms. BALDWIN) were added as
name of the Senator from Maryland tween the State of Israel and the
cosponsors of S. 4633, a bill to provide
(Mr. CARDIN) was added as a cosponsor United Arab Emirates and the State of
for assistance to rural water, waste-
of S. 4738, a bill to provide a right to Israel and the Kingdom of Bahrain are
water, and waste disposal systems af-
flexibility and to broaden and increase historic achievements.
fected by the COVID–19 pandemic, and
employee protections at work, to pro- S. RES. 728
for other purposes.
tect small businesses through shared At the request of Mr. CASEY, the
S. 4634
responsibility for workers’ rights, to name of the Senator from New Jersey
At the request of Mr. WICKER, the provide public transparency on work- (Mr. BOOKER) was added as a cosponsor
name of the Senator from North Da- ers’ rights violations, and for other of S. Res. 728, a resolution recognizing
kota (Mr. HOEVEN) was added as a co- purposes. the instrumental role United States
sponsor of S. 4634, a bill to provide sup- S. 4757 global food security programs, particu-
port for air carrier workers, and for At the request of Mr. DURBIN, the larly the Feed the Future program,
other purposes. names of the Senator from Minnesota have played in reducing global poverty,
S. 4657 (Ms. SMITH), the Senator from Mary- building resilience and tackling hunger
At the request of Ms. ERNST, the land (Mr. VAN HOLLEN), the Senator and malnutrition around the world,
names of the Senator from Washington from New Hampshire (Ms. HASSAN), the and calling for continued investment in
(Ms. CANTWELL), the Senator from New Senator from Connecticut (Mr. global food security in the face of the
York (Mrs. GILLIBRAND) and the Sen- BLUMENTHAL), the Senator from Michi- economic impact of COVID–19.
ator from Delaware (Mr. COONS) were gan (Mr. PETERS), the Senator from Ar- f
added as cosponsors of S. 4657, a bill to izona (Ms. MCSALLY), the Senator from
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direct the Secretary of Veterans Af- Wisconsin (Ms. BALDWIN) and the Sen- STATEMENTS ON INTRODUCED
fairs to designate one week each year ator from Delaware (Mr. CARPER) were BILLS AND JOINT RESOLUTION
as ‘‘Buddy Check Week’’ for the pur- added as cosponsors of S. 4757, a bill to By Mr. REED (for himself and
pose of outreach and education con- amend the Animal Welfare Act to es- Mrs. CAPITO):
cerning peer wellness checks for vet- tablish additional requirements for S. 4825. A bill to provide clarification
erans, and for other purposes. dealers, and for other purposes. with respect to the effective date of
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October 21, 2020 CONGRESSIONAL RECORD — SENATE S6379
Medicare coverage of COVID–19 vac- ical that the Ensuring Access to troducing the Learning Opportunity
cines without any cost-sharing; to the COVID–19 Vaccines for Seniors Act be and Achievement Act, or ‘‘LOAA’’,
Committee on Finance. considered swiftly in the Senate, along which would provide professional de-
Mr. REED. Mr. President, today I am with a number of other critical efforts velopment and training resources for
pleased to introduce the Ensuring Ac- to help the American people during educators, tutoring and academic serv-
cess to COVID–19 Vaccines for Seniors this difficult time. ices for students, and resources for in-
Act with Senator SHELLEY MOORE CAP- novation grants, learning hubs, and re-
ITO of West Virginia. It is critical that By Ms. HIRONO (for herself, Mr. search and best practices related to in-
a future COVID–19 vaccine be made BOOKER, Mr. VAN HOLLEN, Mr. structional loss in at-risk and
available to Medicare beneficiaries CASEY, and Ms. BALDWIN): marginalized students.
with no cost sharing, which is the goal S. 4831. A bill to provide resources for No one anticipated how the
of our legislation. States, State educational agencies, coronavirus would change our schools,
The CARES Act, which Congress local educational agencies, educators, as the abrupt shift to distance learning
passed overwhelmingly and was signed school leaders, and others to measure this past spring showed. Our educators
into law at the end of March, included and address instructional loss in stu- need additional professional develop-
provisions requiring Medicare to cover dents in kindergarten through grade 12; ment and training resources so that
FDA-approved COVID–19 vaccines with to the Committee on Health, Edu- they can provide the most effective
no-cost sharing. These provisions are cation, Labor, and Pensions. educational experience to students of
designed to ensure that as soon as Ms. HIRONO. Mr. President, recently all ages and backgrounds.
there is an approved and available Hawaii public schools resumed classes LOAA provides these resources
COVID–19 vaccine, seniors across the for the start of the 2020–2021 school through new and existing programs.
Nation would be able to get the vaccine year. Specifically, the bill provides $2.25 bil-
for free under Medicare. Vaccines are Faced with the ongoing coronavirus lion for ESSA Title II–A programs, $50
one of the best public health interven- pandemic, our schools had planned to million for new professional develop-
tions in our lifetime and we must do combine in-person, distance, and blend- ment programs, and $100 million for
everything we can to encourage every- ed learning this year. Unfortunately, a new training programs.
one to get the vaccines recommended sudden increase in coronavirus cases Building on what we know about ef-
by their doctors. One of the most effec- required a shift to fully distance learn- fective professional development, the
tive ways to improve vaccination rates ing through the first quarter. Now bill promotes programs that are evi-
is to remove barriers such as cost. In schools are navigating distance learn- denced-based, collaborative, job-embed-
fact, working with my colleagues, I ing as they determine how they will re- ded, content-based, and sustained.
was able to include provisions in the turn to the classroom. These kinds of programs will be helpful
Affordable Care Act to ensure that vac- The pandemic has made it difficult to for educators.
cines are covered by insurance with no plan, and our principals, teachers, par- We do not know the full impact the
ents, and students are doing the best coronavirus will have on schools, but
cost-sharing. This not only makes our
they can. Many are still recovering preliminary estimates have indicated
population healthier, but it also saves
from earlier this year, when the that recent closures could result in se-
money in the long-term.
While the COVID–19 vaccine develop- coronavirus closed campuses for two vere setbacks for students—including,
ment and testing protocols are ongo- months—resulting in 46 fewer days in on average, 7 months of instructional
ing, it is very likely that the first vac- the classroom for students, who almost loss for all students, 10.3 months for
cines will be made available under an certainly experienced learning or in- Black students, 9.2 months for Hispanic
Emergency Use Authorization (EUA) structional loss. students, and more than a year for low-
I have heard from parents and stu- income students. LOAA provides $50
by FDA. An EUA may be granted to
dents, and they have been effusive in million for new tutoring programs to
one or more COVID–19 vaccines in
their praise for educators who are mak- address instructional loss in at-risk
order to get vaccines to those who need
ing this school year work. I have also and marginalized students.
them the most, while the pharma- The bill also includes funding for in-
ceutical companies continue testing heard from educators, who have been
novation grants and learning hubs to
and evaluating vaccine candidates and clear in their need for more training
give public schools the resources they
pursuing full FDA approval. While I and resources—especially when it need to provide effective, equitable dis-
have concerns that the Trump Admin- comes to learning new strategies for tance learning opportunities to all stu-
istration may attempt to interfere in providing effective distance learning dents. These resources will allow dif-
the vaccine approval process, most and addressing instructional loss in ferent school districts to take different
public health experts believe that the students. Many educators are con- approaches based on their local needs
first vaccine candidates will be made cerned about how the pandemic will and circumstances, while offering op-
available under an EUA. In this case, disproportionately impact at-risk and portunities for at-risk and low-income
the CARES Act provisions requiring marginalized students. In Hawaii, edu- families who cannot afford to create
Medicare to cover COVID–19 vaccines cators are concerned about how it will privately tutored ‘‘pods’’ to ensure
would not apply, as vaccines made impact Native Hawaiian and Pacific Is- that their children don’t fall further
available under an EUA would not yet lander students, who before the pan- behind.
be considered FDA-approved. Our bi- demic already experienced achieve- And finally, the bill includes require-
partisan legislation would address this ment gaps in reading, math, and ments for the U.S. Department of Edu-
oversight and ensure that COVID–19 science, and graduated from high cation to identify and disseminate best
vaccines would also be covered by school and attended college at lower practices for schools to address in-
Medicare if made available by an EUA. rates than their peers. These are not structional loss. It also requires the
I am pleased that the House of Rep- new challenges that we need to ad- Department to study instructional loss
resentatives has already passed this dress, but they could certainly be made in at-risk and marginalized students.
provision as a part of the much broader worse by the pandemic unless we pro- Let me be clear. K–12 schools need
Heroes Act. It is my hope that the Sen- vide the appropriate resources. additional support during this difficult
ate will follow suit immediately. It has Until a vaccine is widely available, time. Senate Democrats are fighting to
been more than six months since the we must make decisions based on the provide this support, including at least
CARES Act was signed into law, and best science and public health informa- $175 billion for K–12 schools, and will
the need to provide additional relief to tion we can get in order to keep fami- continue to do so. But we can go even
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combat the health and economic im- lies, teachers, and school support staff further to make sure our educators
pacts of the COVID–19 pandemic has safe. For many school districts around have the resources they need to help
only increased. We are far overdue for the nation, distance learning will be a students succeed—not only during the
another robust relief package, and it is key component of our education sys- 2020–2021 school year, but also in future
shameful that the Senate has not yet tem, and we owe it to our students to years. LOAA would help to provide
acted to pass such a measure. It is crit- do it right. For these reasons I am in- these resources.
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S6380 CONGRESSIONAL RECORD — SENATE October 21, 2020
I encourage my colleagues to support entire group of noncitizens for uncon- children in the United States attended sec-
this important bill. stitutional and discriminatory arrest, tarian elementary and secondary schools
detention, and deportation. The repeal where those children received religious edu-
By Ms. HIRONO (for herself, Mr. cation; and
of the Alien Enemies Act is long over-
SANDERS, Mr. MARKEY, and Mr. Whereas the United States Supreme Court
due, and I call on my colleagues in the held in Zorach v. Clauson, 343 U.S. 306 (1952)
BOOKER): United States Senate to swiftly pass that State statutes providing for the release
S. 4837. A bill to repeal the Alien En- the Neighbors Not Enemies Act during of public school students from school to at-
emies Act, and for other purposes; to the 116th Congress. tend religious classes are constitutional,
the Committee on the Judiciary. I yield the floor. and, as a result, an estimated 540,000 public
Ms. HIRONO. Mr. President, I rise f school students in the United States take ad-
today to introduce the Neighbors Not vantage of released time programs each
Enemies Act. This long overdue legis- SUBMITTED RESOLUTIONS year: Now, therefore, be it
lation would repeal the Alien Enemies Resolved, That the Senate—
Act, one of four laws from 1798 that (1) affirms the importance of religious edu-
SENATE RESOLUTION 750—DESIG- cation in the civic and moral development of
were collectively known as the Alien
NATING THE WEEK OF SEP- the people of the United States;
and Sedition Acts. These controversial (2) celebrates the schools and organizations
TEMBER 27, 2020, THROUGH OCTO-
laws were enacted during a period of that are engaged in religious instruction of
BER 3, 2020, AS ‘‘RELIGIOUS EDU-
threatened war and were an attempt to the children of the United States to aid
CATION WEEK’’ TO CELEBRATE
severely limit freedom of speech and those children in intellectual, ethical, moral,
RELIGIOUS EDUCATION IN THE and civic development;
press and the rights of noncitizen resi-
UNITED STATES (3) calls on each of the 50 States, each ter-
dents. Of the four laws, only the Alien
Enemies Act remains in effect. The Mr. GRAHAM (for himself, Mr. ritory, and the District of Columbia to ac-
CRAMER, Mr. HAWLEY, Mr. CASSIDY, commodate individuals who wish to be re-
Alien Enemies Act allows the Presi- leased from public school attendance to at-
dent of the United States to Mrs. LOEFFLER, Mrs. BLACKBURN, Mr.
tend religious classes; and
‘‘apprehend[ ], restrain[ ], secure[ ] and LANKFORD, Mr. SCOTT of South Caro-
(4) designates the week of September 27,
remove[ ],’’ noncitizens without due lina, Mr. BRAUN, and Mr. DAINES) sub- 2020, through October 3, 2020, as ‘‘Religious
process during times of war. mitted the following resolution; which Education Week’’.
In 1941, President Roosevelt used the was referred to the Committee on the
f
authority of the Alien Enemies Act to Judiciary:
apprehend ‘‘alien enemies deemed dan- S. RES. 750 AMENDMENTS SUBMITTED AND
gerous to the public health or safety of Whereas the free exercise of religion is an PROPOSED
the United States by the Attorney Gen- inherent, fundamental, and inalienable right SA 2681. Mr. LEE submitted an amendment
eral or Secretary of War.’’ These ac- protected by the First Amendment to the intended to be proposed by him to the bill S.
Constitution of the United States; 4675, to amend the Health Insurance Port-
tions allowed for the detention of Japa-
Whereas the United States has long recog- ability and Accountability Act; which was
nese, Italian, and Germans as well as nized that the free exercise of religion is im- ordered to lie on the table.
confiscation of their property. Then in portant to the intellectual, ethical, moral,
1942, Roosevelt expanded on his actions and civic development of individuals in the f
by issuing Executive Order 9066, which United States, as evidenced by founders of TEXT OF AMENDMENTS
authorized the mass removal and incar- the United States, such as—
ceration of 120,000 Japanese Americans, (1) Benjamin Franklin, who believed reli- SA 2681. Mr. LEE submitted an
both U.S. citizens and noncitizens, dur- gion to be ‘‘uniquely capable of educating a amendment intended to be proposed by
ing World War II. The internment of
citizenry for democracy’’; and him to the bill S. 4675, to amend the
(2) George Washington, who said in his Health Insurance Portability and Ac-
Japanese Americans was a shameful farewell address, ‘‘Of all the dispositions and
act, and it was not until 1988 that the countability Act; which was ordered to
habits which lead to political prosperity, re-
Civil Liberties Act was passed, for- lie on the table; as follows:
ligion and morality are indispensable sup-
mally apologizing to Americans of Jap- ports.’’; Beginning on page 21, strike line 23 and all
Whereas religious education is useful for that follows through the item relating to
anese ancestry and providing repara-
self-development, because it asks students to section 198 after line 2 on page 22 and insert
tions of $20,000 to each surviving victim the following:
consider and respond to questions concerning
who was incarcerated during World ‘‘SEC. 199. STATE OPT-IN.
the meaning and purpose of life, engages stu-
War II. dents in questions about morality and jus- ‘‘(a) IN GENERAL.—Sections 196, 197, and 198
During the 2016 election, Donald tice, and enables students to identify their shall apply only in States that have in effect
Trump invoked President Franklin D. values; a law to apply such sections to group health
Roosevelt’s application of the Alien Whereas studies like the one published by plans and health insurance coverage offered
Enemies Act during World War II when the International Journal of Mental Health in the State. A State may repeal such a law
he called for a temporary ban on Mus- Systems in 2019 have shown that religious and terminate the application of such sec-
lims entering the United States. Since education can be ‘‘instrumental to improv- tions in such State.
taking office, President Trump has ing adolescent mental health’’ by helping ‘‘(b) SCOPE OF STATE OPT-IN.—A State law
children learn how to make decisions based described in subsection (a) may apply with
continued to advance divisive policies on morals, promoting less risky choices, and respect to all of the requirements under sec-
and hateful rhetoric that target and encouraging connectedness within a commu- tions 196, 197, and 198, any single requirement
demonize Muslim and other minority nity, which can enhance self-esteem and under any of such sections, or any combina-
communities. The President’s cruel well-being; tion of requirements under such sections, as
anti-immigrant policies have resulted Whereas religious education fosters respect determined by the State.
in the separation of children at the for other religious groups and individuals ‘‘(c) ENFORCEMENT UNDER ERISA AND
border, detention of families with no generally by acknowledging a source for IRC.—Subsection (c) of section 715 of the
end in sight, and many more harmful human dignity and worth; Employee Retirement Income Security Act
Whereas the United States Supreme Court of 1974 and subsection (c) of section 9815 of
policies that betray the principles and found in Pierce v. Society of Sisters, 268 U.S. the Internal Revenue Code of 1986 shall apply
values on which our Nation was built 510 (1925) that the state does not have power with respect to group health plans and
upon. ‘‘to standardize its children by forcing them health insurance coverage in a State only to
The President has brought the need to accept instruction from public teachers the extent that sections 196, 197, and 198
to repeal the Alien Enemies Act to the only. The child is not the mere creature of apply in such State, in accordance with this
forefront. We must stop his attempts the state; those who nurture him and direct section.’’.
to divide us through intolerance and his destiny have the right, coupled with the (b) CONFORMING AMENDMENT.—The table of
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fear. We must prevent civil and human high duty, to recognize and prepare him for contents under section 1(b) of the Health In-
additional obligations.’’; surance Portability and Accountability Act
rights travesties from happening on
Whereas religious instruction can come of 1996 (Public Law 104–191) is amended by in-
U.S. soil again. Sadly, we cannot trust from a variety of sources, including sec- serting after the item relating to section 195
the President. The Neighbors Not En- tarian schools and released time programs; the following:
emies Act would help keep our Nation Whereas, according to the National Center ‘‘Sec. 196. Prohibition of pre-existing condi-
from repeating history in targeting an for Education Statistics, in 2015, 4,350,000 tion exclusions.
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